Johnson v. Western Union Tel. Co.
| Decision Date | 28 May 1918 |
| Docket Number | 594. |
| Parties | JOHNSON v. WESTERN UNION TELEGRAPH CO. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Macon County; Lane, Judge.
Action by F. N. Johnson against the Western Union Telegraph Company. Judgment dismissing the action, and plaintiff appeals. New trial granted.
After the jury was impaneled, and the complaint and answer read the defendant moved for judgment upon the pleadings. The court rendered judgment dismissing the action. Plaintiff excepted and appealed.
Recipient of death message, delayed six hours in delivery after reaching office of destination, who was thereby so delayed that the body was partly decomposed when he arrived, and who was physically injured by having to walk a great distance at night, had a cause of action for the delay.
J. F Ray, of Sylva, T. J. Johnston, of Franklin, and P. B D'Orr, of Atlanta, Ga., for appellant.
Merrimon Adams & Johnston, of Asheville, for appellee.
The complaint alleges in substance that on May 30, 1916, plaintiff, a resident of Franklin, N. C., was in the town of Kingsport, Tenn., at work temporarily as a carpenter; that his wife died, and his daughter, on the morning of May 30th, sent him a telegram to Kingsport, notifying him that his wife died that morning; that the telegram was sent by defendant, and reached Kingsport about 11 o'clock a. m. same day; that the defendant negligently failed to deliver said telegram after it reached Kingsport until after 6 p. m. In consequence of this great delay in the delivery of the telegram, plaintiff avers he was unable to leave Kingsport on the regular passenger trains during the day, but had to leave on a freight train at midnight, and was so greatly delayed in reaching Franklin, N. C., that his wife's body was partially decomposed. The plaintiff claims damages for the mental anguish suffered in consequence of the great delay, and also of finding his wife's body in such condition.
As the telegram was an interstate telegram, the plaintiff cannot recover for the mental anguish. This subject is fully discussed by Mr. Justice Walker in Norris v. Telegraph Co., 174 N.C. 94, 93 S.E. 467, where the authorities are cited. In that case it is said:
"Following the federal rule, we must hold that, as this is an interstate message, the plaintiff is not entitled to recover damages for mental anguish resulting from the defendant's negligence in not...
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...case is governed by the federal law. Postal Tel.-Cable Co. v. Warren-Godwin Co., 251 U.S. 27, 40 S.Ct. 69, 64 L.Ed. 118; Johnson v. Tel. Co., 175 N.C. 588, 96 S.E. 36; Bateman v. Tel. Co., 174 N.C. 97, 93 S.E. 467, L. A. 1918A, 803; Norris v. Tel. Co., 174 N.C. 92, 93 S.E. 465; Meadows v. T......
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Johnson v. Western Union Tel. Co.
...sets out three causes of action: 1. For mental anguish suffered by reason of the negligence of the defendant. On the former appeal, 175 N.C. 588, 96 S.E. 36, the court held this being an interstate message, recovery could not be had on that ground. The court did not pass upon the other two ......